Clanton v. Benson

DIXON, Chief Justice.

James Albert Clanton has appealed from a summary judgment that he take nothing in his damage suit against appellee L. E. Benson, doing business as Hot Rod Exchange, hereinafter called Exchange. Appellant alleges that on July 30, 1966, while on the premises of Exchange, he fell into a grease pit, sustaining personal injuries.

Appellant contends that he was a business invitee and that appellee was negligent (a) in failing to warn appellant of the existence of the pit; (b) in failing to provide and maintain a guard rail around said pit; (c) in failing to have the area of the…